I recently had someone ask me at an event about executing a will. Specifically, what happens when someone needs to sign a will, but they have a disability (like blindness) that prevents signing? There are a few considerations. §251.051 of Texas Estates Code is a good place to start: “Except as otherwise provided by law, a last will and testament must be: in writing; signed by: the testator in person;

I get several calls a month from people saying that they don’t understand why they need to probate their mom’s estate (or their spouse’s, dad’s, brother’s, sister’s estate) because before they died their mom signed a Power of Attorney naming them as their mom’s agent. Or, even worse, they call and say they’ve already taken care of their deceased loved one’s estate using the Power of Attorney. What they don’t

Payment on Death Beneficiary Accounts, also known as P.O.D. accounts, have been gaining in popularity over the last several years. A P.O.D. account designation is a contract between you and your financial institutions that upon your death, the financial institution agrees to pay whatever money is in the account at the time of your death to your listed beneficiaries. It acts the same way a life insurance policy does. It

Many people want to be in charge of their loved one’s Estate because it comes with a lot of power and authority, and they believe they are the best ones to carry out their loved one’s wishes. While that may be the case, the State of Texas has some reservations who qualifies as the best choice for the Executor or Administrator.   Section 304.003 of the Texas Estates Code states

  Once in a while, a client comes in who needs some probate done fast. Depending on if there is a will or not, appointment of an administrator can take anywhere from a few weeks to a few months, which is why we always recommend speaking to a probate or estate attorney as soon as you can after a loved one passes away. However, if you have some major time

What’s the difference between a Warranty Deed and a Quitclaim? I’ve also heard clients incorrectly call it a ‘Quickclaim Deed”. The main difference between the two types of deeds is what the seller guaranteeing, and what protection the buyer is receiving.   A Warranty Deed contains a clause in the Deed that effectively warrants, or guarantees, that the Seller owns the land that they are selling. If it turns out

“I Don’t Want to Go Through Probate!” I have clients come in quite often wanted to avoid the dreaded probate courts. What I tell them depends on what they are there to see me for. If a client comes to me wanting to get their estate plan in order to avoid probate for a number of reasons, we can talk. However, if a client wants to move someone else’s estate

The advantage of a small business forming an LLC is that it creates a protection barrier between the small business owner and the business. If the business is sued and the LLC has been properly maintained, then the business owner’s personal assets will be protected from the lawsuit. The lawsuit will only be able to claim damages against the assets in the LLC, and not the owner’s bank accounts, properties,

Take that snapshot The holidays are here, roaring like a freight train upon us. I want to share one of the habits I’ve gotten into when I head home for the holidays. It goes like this… I like to walk into the main room of my grandmother’s home in West Texas on Christmas Day. In our family, the large Christmas meal is usually a dinner, because years of habit have ingrained that morning

A good portion of our practice is estate planning. To us, this means working with our clients to avoid things they want to avoid, or to hit goals they have sighted in on. There are so many great tools to accomplish you and your spouse’s goals, but let’s just focus on the worries that can plague holiday travel. Get a Medical Power of Attorney This is a big one to